Minnesota Recent Legal Answers from Lawyers

Lawyer. She needs a good lawyer. That's the best advice I can give you. There's such a thing called a dispositional departure. If the prosecutor and the judge go along with it, it would be an arrangement that includes probation and treatment instead of prison. Sounds like this is a 1st degree controlled substance crime, so it will be an up hill battle.... Read Answer

It sounds like you were charged only with driving after revocation. If so, that is a misdemeanor crime. You can receive consequences set by the court if you're convicted of it. Beyond that, if you're convicted of it, you'll lose your license for another suspension period. It would be to your benefit to retain an attorney to help you through this thing. Your lawyer can challenge the stop while at the same time trying to negotiate a positive deal with the prosecution.... Read Answer

You are likely charged with a crime called Possession of Legend Drugs. Legend drug means a drug that is required by federal law to be dispensed only pursuant to the prescription of a licensed practitioner. If you are facing this crime, or any other drug crime for that matter, get an attorney retained to represent you right away.... Read Answer

Maybe. It depends on the circumstances surrounding the dismissal. If the case was dismissed by the judge for lack of evidence, then usually the prosecutor cannot recharge. On the other hand, if the prosecutor just dismissed the case early on, then they probably can refile the charges later. Make sure you have a good lawyer working on both cases for you.... Read Answer

This might be a very good issue to raise. If the police obtained a search warrant for a wrong address then it's possible to argue that all evidence obtained through the warrant should be excluded. I can't say for sure though. Your son needs to have an attorney retained to represent him on this case and his attorney needs to obtain and review the reports and the evidence against him.... Read Answer

Yes. If a witness has reported to police that you committed a theft, then the police may investigate. If the police conclude that there exists probable cause to believe that you committed a theft, then you may be charged with the crime. If you end up charged with a crime, you'll need a criminal defense lawyer to represent you. It would be in your interests to retain that attorney right away, before you're charged if possible, to work some damage control.... Read Answer

There are some issues here.   First of all, there is something to purchase - the goodwill of the business.  Although intangible, goodwill - that is the expectancy of future business based on prior operations, the business's name, the location, customer relationships which have been built up, etc. - is often the primary asset of a business.  Transfer of this asset without consideration (for free) can have tax impact and could also violate a duty to your creditors.  Second, and probably more important, what does your rent to own contract have to say about a new owner coming in and operating the business?  Are you allowed to transfer the business?  Will the same 20 year period apply?  I can't answer these question without a lot more detailed information, and anyway I'm located in New York and not admitted in MN, but you may want to consult an attorney or accountant.... Read Answer

Yes, it's very common for the police to proceed with charges even when an alleged victim says they don't want to. Now you're charged with a crime. I recommend retaining a criminal defense lawyer right away. A domestic is a serious thing to have on your record and can impact your future for a very long time. You want to try to find a way to avoid a domestic conviction here and your lawyer will help you try to do that.... Read Answer

It is possible to end up with a result that keeps this thing from going on your record. To try to achieve this, your best bet is to retain a criminal defense lawyer. We would take some proactive steps to help your position and then try to convince the prosecutor to give you a favorable deal.... Read Answer

Good question. The prosecutor on the first case will reopen the prosecution and try to convict you of that crime. On the second case, the prosecutor will be hesitant to offer you a deal because you already got denovo on the first offense. I'd definitely recommend retaining a lawyer to help you with both cases. I used to prosecute hundreds of these cases, so I can tell you that if you play your cards right, it's possible to get through all of this without any convictions.... Read Answer

It's hard to say. Common sense says that there should be no charges. It's just an accident after all. However, providing alcohol to a minor is a crime. Under Minnesota law, it's an open question whether a specific intent standard should apply or mere recklessness is enough. If charged with an offense of this, your attorney should raise the intent type arguments in your defense.... Read Answer

Minnesota law prohibits alcohol consumption by those under 21. However, "if proven by a preponderance of the evidence, it is an affirmative defense to a violation of this clause that the defendant consumed the alcoholic beverage in the household of the defendant's parent or guardian and with the consent of the parent or guardian."... Read Answer

Hello. You can sponsor her green card after you naturalize. That will be faster than filing while only having a green card. She can process in the US or abroad and that will depend on her intent and your specific circumstances. I would need more information, so please email if you have more details or plans. Harun@ksvisalaw.com ... Read Answer

Hi. I'm glad that you decided to use this LawQA forum. What you're reading is correct. You do not want to just go in and plead guilty. That will lead to you being convicted of the crime. It will then appear on your criminal record. Instead, what you want to do is to end up with a deal that prevents this offense from going on your record at all. It's sometimes called a continuance for dismissal or a diversion program. If you can get this type of deal on the front end, then you won't be convicted of the crime at all, and it will be much easier to go get it expunged later. To make all of this more likely, the best thing you can do is to hire an attorney to help you. Your attorney will negotiate with the prosecuting attorney while at the same time looking closely at the charges and the evidence against you. Hiring an attorney now may mean all the difference when it comes to keeping your job or trying to get new employment here or in Louisiana later. Feel free to give me a call to chat about options. Good luck.... Read Answer

I assume that your husband is either a U. S. citizen or permanent resident and is thinking of petitioning for you for the green card. If that is the case, the question of a passport in your maiden or married name is not important to the petition. You can use your married name on immigration papers for the green card even though the passport is in your maiden name. There is no need to renew your passport before he petitions for you. The student visa would remain valid under your maiden name even though you are married. You can always show your marriage certificate for the married name.Due to the limitations of the Lawyers.com Forums, Alan Lee, Esq.'s (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.... Read Answer